1989 PLP 1232 (SCMR)
THE STATE‑=Petitioner Versus MUHAMMAD BABU KHAN‑‑Respondent
| Citation | 1989 PLP 1232 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ |
| Parties | THE STATE‑=Petitioner Versus MUHAMMAD BABU KHAN‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1232 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1232 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Javid Iqbal and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1232 (SCMR) (THE STATE‑=Petitioner Versus MUHAMMAD BABU KHAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Akhtar, Additional Advocate‑General Punjab instructed by Rao Muhammad Yousuf Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 27th February, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 9th July; 1984 in Criminal Appeal No.825 of 1978). ‑‑‑S.409‑‑Prevention of Corruption Act (II of 1947), S.5(2)‑‑Constitution of Pakistan (1973), Arv185(3)‑‑Petition for leave to appeal against order of High Court whereby conviction of accused was maintained, but his sentence of imprisonment for one year's R.I. was altered to a sentence of fine of Rs.5,000 or in default thereof he would suffer R.I. for one year and the fine of Rs.100 already awarded by the Trial Court was likewise maintained‑‑Petition was though barred by 667 days but was condoned as in pursuance of the direction of the Supreme Court the petition had been filed, because no cogent ground had been given for the alteration of sentence in the case‑‑Leave to appeal was also granted.
Judgment & Decree
JAVID IQBAL, J.‑‑The petition is filed by the State and is directed against judgment of the Lahore High Court, Lahore dated 9 July, 1984 whereby the conviction of the respondent under section 409 read with section 5(2) of the Prevention of Corruption Act 1947 was maintained, but his sentence of imprisonment for one year's R.I. was altered to a sentence of a fine of Rs.5,000 or in default thereof he would suffer R.I. for one year, and the fine of Rs.100 already awarded by the trial Court was likewise maintained. This petition is barred by 667 days, but in pursuance of the direction of this Court the petition has been filed because no cogent ground has been given for the alteration of sentence in a corruption case of this nature. Since this is the position the delay is condoned and leave is granted as it has been granted in other such cases. M.BA./S‑294/S Leave granted.